When Washington called off its entire July bar exam after the NextGen debut face-planted in a Yakima conference heart, the state’s three legislation faculty deans and just about anybody with a scrap of compassion had been all begging for a similar reply for the roughly 600 candidates left holding nothing: diploma privilege. On Thursday, the Washington Supreme Court docket agreed. With some asterisks.
Begin with the win, as a result of it’s an actual one. First-time candidates who had been registered to take the examination in Yakima and couldn’t, by way of no fault of their very own, now get a alternative: take a Washington NextGen examination in September or later, or settle for a waiver of the bar examination requirement and be admitted to the bar by order of the courtroom. That second choice is the precise treatment the deans of UW, Seattle U, and Gonzaga urged on the courtroom, and the one a few of us have been muttering about since bounce.
Now the asterisks.
The waiver is just for first-timers. Candidates who had sat for a bar examination anyplace earlier than July and didn’t cross aren’t eligible — they get to roll their purposes over to the September or February examination with out paying the charges once more, which is one thing, I suppose, however it’s not admission.
After which there’s the group that truly completed the July examination: no waiver, no particular September do-over, simply no matter rating they managed underneath the circumstances, with a fee-free February 2027 re-sit out there in the event that they fail. And right here’s a wrinkle: the applicants who were able to complete the exam had been those that had testing lodging — seated in smaller rooms that, in contrast to the 600-person essential corridor, had the bandwidth to maintain the software program operating. So the one individuals who bought to complete had been those an lodging occurred to separate from the group, and they’re exactly the folks the courtroom has now shut out of reduction. Grind by way of the damaged examination, as a result of your room was the one which labored, and also you’re caught with it.
And “waiver” doesn’t imply “welcome to the bar, right here’s your card.” Candidates who elect it nonetheless should clear the MPRE with a rating of 85 or higher, cross the Washington Regulation Element, and survive character and health. Elections are as a result of WSBA by midday on August 14, and admissions take impact October 9, when the July and September examination outcomes come out.
The courtroom was at pains to indicate its work. For the reason that incident, it wrote:
Now we have been assembly each day with the WSBA, the NCBE and inside the Court docket to debate potential resolutions. Any decision should stability equity to the varied classes of candidates, together with the Court docket’s responsibility to uphold skilled requirements and guarantee public safety within the lawyer licensing course of.
It additionally took a quiet swipe on the two weeks of protection that preceded it, noting that a lot of the general public dialogue “displays partial info, or, in some situations, is outright incorrect,” that the causes of the failure “haven’t but been absolutely recognized,” and {that a} full investigation remains to be to come back. MY DUDES — you needed to cancel a whole administration of a bar examination! After all persons are going to speak shit! Take your lumps and transfer on.
In any occasion, congratulations to the soon-to-be members of the Washington bar. You’ve a helluva battle story underneath your belt already.
Earlier: Washington Just Called Off Its Entire Bar Exam
Washington Grants Diploma Privilege To Graduates Of ABA Accredited Schools

Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are one of the best, so please join together with her. Be happy to e mail her with any suggestions, questions, or feedback and comply with her on Twitter @Kathryn1 or Bluesky @Kathryn1
The publish Washington Does (Mostly) Right By Students Screwed Over By Bar Exam appeared first on Above the Law.